INTRODUCTION
Ship agencies play a significant representation and coordination role in maritime transport activities, particularly in carrying out port operations, making the required notifications and following up the processes before the relevant public authorities on behalf of the shipowner, operator, master or charterer. The Ship Agencies Regulation published in the Official Gazette dated 14.05.2026 and numbered 33253 (“Regulation”) has re-regulated the classification of ship agencies, authorization certificate procedures, personnel requirements, supervision principles and administrative sanctions. Certain provisions of the Regulation entered into force on the date of publication, while the remaining provisions will enter into force as of 14.08.2026. In this respect, the Regulation aims to ensure that ship agency activities are carried out in a more systematic and auditable manner, in line with electronic application processes.
WHAT IS THE PURPOSE AND SCOPE OF THE SHIP AGENCIES REGULATION?
The purpose of the Regulation is to ensure that ship agencies and agency personnel carry out their activities in compliance with national legislation and international maritime rules, and to set out the procedures and principles regarding the qualification requirements, service principles, issuance of permits, maintenance of registry records, supervision processes and training to be provided to agency personnel. In this respect, the Regulation applies to real and legal persons operating as ship agencies established under the Turkish Commercial Code No. 6102 (“TCC”), as well as agency managers and ship agency personnel. Accordingly, the Regulation directly concerns not only agency companies, but also agency personnel, agency managers, branches and the organizational structure involved in the conduct of ship agency activities.
Under the Regulation, ship agency activity is defined as the performance, on behalf of the shipowners or operators of the represented ships or yachts, of services and procedures within the port administrative area, including preparations for berthing at and departure from coastal facilities, crew changes, passenger and cargo operations, maintenance, repair, survey, supply, loading, unloading, pilotage and towage services. In this respect, the Regulation takes into account not only the commercial representation function of ship agencies, but also their operational liaison role among ports, public authorities, coastal facilities and ship interests.
Furthermore, pursuant to the Regulation, agencies may open branches in the same region or in different regions; however, a separate branch authorization certificate must be obtained for each branch. Branch authorization certificates will be valid only within the boundaries of the region for which they are issued, and agency branches will not be permitted to operate in a higher class than the head agency.
HOW ARE SHIP AGENCIES CLASSIFIED?
Under the Regulation, ship agencies are classified into 3 separate classes, namely Class A, Class B and Class C, based on the type of ships they will serve and the region in which they will operate. This classification is important in determining which ships or yachts the agencies may serve and within which geographical area of authority they may operate. In this respect, Class A agencies are regulated as the agency class with the broadest scope of authority, authorized to provide services to all ships and yachts within their authorized region, including the Turkish Straits. Class B agencies may provide services to all ships within their authorized region outside the Turkish Straits and to all yachts, including those within the Turkish Straits. Class C agencies may provide agency services to all yachts within their authorized region, including the Turkish Straits.
The Regulation also provides a specific rule for ships making non-stop passage through the Sea of Marmara and the Istanbul and Çanakkale Straits. Accordingly, only Class A agencies may provide services to ships making non-stop passage through the Turkish Straits, without any regional limitation; whereas Class A, B and C agencies may provide services to yachts without any regional limitation. This provision clarifies the distinction between agency classes, particularly with respect to Turkish Straits passages.
HOW IS A SHIP AGENCY AUTHORIZATION CERTIFICATE OBTAINED?
Pursuant to the Regulation, ship agencies are required to obtain an authorization certificate corresponding to the agency class in which they will operate. Real or legal persons that do not hold an authorization certificate are not permitted to provide agency services on behalf of a shipowner, master, operator or charterer. Therefore, the authorization certificate is regulated as a constitutive administrative permit required for the conduct of ship agency activities. Applications for authorization certificates will be submitted by the authorized representatives of the commercial enterprise or company to the Directorate General of Maritime Affairs of the Ministry of Transport and Infrastructure (“Administration”) through the Ship Agency Information System (“SAIS”). Applications must be submitted together with the documents prescribed under the Regulation, and if incomplete or incorrect documents are uploaded, the application will be returned through SAIS for completion of the deficiencies.
Authorization certificates will be issued for a period of 5 years and will be valid within the boundaries of the designated region. Upon expiry of this period, the certificates may be renewed upon the agencies’ application, provided that their compliance with the provisions of the Regulation is verified. Authorization certificates may only be used by the real or legal persons in whose name they are issued and may not be transferred or made available for use by third parties.
In addition, where agencies request a change of class, they will be required to satisfy the application requirements applicable to the new class in which they seek to operate. This provision prevents agencies from automatically expanding their scope of activity on the basis of their existing authorization certificates and requires the qualifications prescribed for each class to be separately fulfilled.
WHAT ARE THE PERSONNEL AND AGENCY MANAGER REQUIREMENTS FOR SHIP AGENCIES?
The Regulation requires ship agencies to have a personnel structure appropriate to the class in which they will operate. In this respect, while a head agency is required to have an agency manager, Class A and Class B agencies are required to employ at least 2 agency personnel who are graduates of associate degree or undergraduate programs related to maritime studies, and Class C agencies are required to employ 1 agency personnel who is a graduate of at least a secondary education program related to maritime studies. Branches of agencies are also required to have at least 1 agency personnel.
The agency manager is defined as the person authorized and responsible on behalf of the agency and must satisfy the citizenship and criminal record requirements prescribed under the Regulation. For Class A and Class B agencies, the agency manager must either be a graduate of an associate degree or undergraduate program related to maritime studies and have at least 1 year of professional experience, have worked as registered agency personnel for at least 5 years, or have a certain shareholding or ownership relationship in the relevant agency. For Class C agencies, the agency manager must satisfy one of the following conditions: being a graduate of at least a secondary education program related to maritime studies and having at least 1 year of professional experience, having worked as registered agency personnel for at least 5 years, or having a certain shareholding or ownership relationship in the relevant agency. It is regulated that the agency manager may not serve as an agency manager in more than one agency or work as agency personnel in another agency. It is further regulated that the agency manager will be appointed or changed upon a request to be created through SAIS by the authorized representative of the commercial enterprise or company.
WHAT ARE THE FINANCIAL QUALIFICATION REQUIREMENTS AND CERTIFICATE FEES FOR SHIP AGENCIES?
The Regulation expressly sets out financial qualification requirements for ship agencies, and agencies are required to submit documents evidencing their financial qualification and paid-in capital to the Administration during authorization certificate applications and supervision processes. In this respect, if the ship agency is structured as a sole proprietorship or partnership, the amount of capital allocated to the business will be taken into account; if it is structured as a capital company, the amount of paid-in capital will be taken into account. Pursuant to the Regulation, a minimum capital requirement of TRY 5,000,000 is prescribed for Class A agencies, TRY 1,000,000 for Class B agencies and TRY 500,000 for Class C agencies. In the event that a branch is opened, an additional capital requirement is imposed for each branch, namely TRY 100,000 for Class A, TRY 75,000 for Class B and TRY 50,000 for Class C.
The Regulation also separately determines the fees for authorization certificates and agency personnel identification cards. Accordingly, the authorization certificate fee is TRY 300,000 for Class A agencies, TRY 200,000 for Class B agencies and TRY 150,000 for Class C agencies. The fee for an agency personnel identification card is regulated as TRY 5,000. It is further stipulated that certificate renewal fees will be charged at 50% of the main certificate fee, while no additional fee will be charged if a new authorization certificate is issued due to reasons such as a change of trade name or address.
WHAT ARE THE RESPONSIBILITIES AND SCOPE OF ACTIVITY OF SHIP AGENCIES?
The Regulation sets out in detail the fundamental responsibilities that ship agencies must comply with during their activities. In this respect, agencies are required to act in accordance with national and international maritime legislation and the instructions of the Administration, submit the information and documents requested by the Administration or the harbour master’s office, comply with agency service tariffs and carry out their activities in workplaces that meet the qualifications prescribed under the Regulation.
It is further regulated that agencies must notify the Administration within 30 days of any changes to their trade name, address or the information and documents forming the basis for the issuance of the authorization certificate; enter the data requested by the Administration into the relevant electronic systems in a timely and accurate manner; appoint an agency manager at the head agency; and employ agency personnel in the number required for their class at the head agency and branches.
In addition, agencies are required to use agency boats certified and authorized by the Administration while providing services, display the agency signboard at the entrance of the workplace and the authorization certificate in a visible place in the office, share the information and documents requested by the protective agency, and notify the Administration through SAIS within 5 business days of any personnel whose employment contract has been terminated or whose authorization has been revoked. These provisions aim to ensure that agency activities are carried out in compliance with both administrative supervision and operational transparency.
The Regulation also determines the scope and limits of agencies’ activities. In this context, agencies are prohibited from making false or misleading promotions and advertisements, engaging in activities that distort competition, using any trade name other than the one stated in their authorization certificate, and carrying out or facilitating any unlawful acts or transactions. Agencies are also prohibited from allowing other agencies to use the user codes and passwords allocated to them or from using the user codes and passwords of other agencies. In addition, agencies that have a commercial relationship with the cargo owner and/or consignee and the ship are not permitted to conduct marine survey activities. As for coastal facility operators, it is regulated that they may not prevent agencies other than those owned by or affiliated with them from freely carrying out agency activities at port facilities, and may not allow agency personnel who do not hold an identification card issued by the Administration to enter coastal facilities. These provisions are particularly important for preserving the limits of authority, the competitive order and operational safety in ship agency activities.
HOW ARE SUPERVISION, ADMINISTRATIVE SANCTIONS AND THE TRANSITION PROCESS REGULATED?
The Regulation provides that ship agencies may be supervised by the Administration and/or harbour master’s offices at any time. Agencies are obliged to provide the necessary assistance for the conduct of inspections, submit the requested contracts, invoices, documents and information, and refrain from refusing to provide information and documents during the inspection process on grounds such as technical impossibility, confidentiality or confidentiality obligations.
It is regulated that administrative sanctions may be imposed on agencies and agency personnel if activities contrary to the Regulation are identified. In this respect, depending on the nature of the violation, sanctions such as administrative fines, warnings, suspension of the authorization certificate or personnel identification card, suspension of activities, and cancellation of the authorization certificate or identification card are prescribed. It is also regulated that the authorization certificate may be cancelled in cases such as obtaining an authorization certificate through incorrect or misleading documents, subsequent loss of the authorization conditions, deliberate or negligent prevention of inspections, and the existence of a final court decision regarding irregular transactions.
The Regulation also includes transition provisions for existing agencies. Accordingly, the authorization certificates of agencies whose authorization certificates will expire within 6 months as of the effective date of the Regulation have been extended until the end of such period without any further action; and it is regulated that the certificates of agencies whose certificate term exceeds 6 months will remain valid until their expiry date, provided that such period may not exceed 1 year from the effective date of the Regulation. It is also stipulated that no new applications will be accepted between the publication date of the Regulation and the date on which its other provisions enter into force.
CONCLUSION
The Ship Agencies Regulation re-regulates ship agency activities in terms of authorization certificates, scope of activity, personnel qualification, supervision and the sanctions regime. Through the classification of agencies under Class A, B and C authorization certificates, the special scope of authority granted to Class A agencies particularly for ships making non-stop passage through the Turkish Straits, and the application and notification processes to be carried out through SAIS, the Regulation aims to establish a more systematic and auditable structure in the sector.
In this respect, existing ship agencies should reassess the validity periods of their authorization certificates, renewal application timelines, the region and class scope in which they operate, personnel and agency manager requirements, workplace qualifications and electronic notification obligations in accordance with the transition provisions. The compliance process under the Regulation should not be regarded merely as a formal certificate renewal procedure, but as a comprehensive regulatory compliance process requiring the continuous fulfilment of operating conditions.
Otherwise, administrative sanctions such as suspension of the authorization certificate, suspension of activities or cancellation of the authorization certificate may become applicable. Therefore, ship agencies should complete the necessary internal controls in a timely manner in order to comply with the new regulation and structure their application, notification and personnel processes in accordance with the Regulation.
FREQUENTLY ASKED QUESTIONS
When will the Ship Agencies Regulation enter into force?
The provisions of the Ship Agencies Regulation regarding its purpose, scope, legal basis, the transition provision on the suspension of new applications, entry into force and execution entered into force on 14.05.2026. The remaining provisions of the Regulation will enter into force 3 months after its publication date, namely on 14.08.2026. Therefore, the entry into force schedule of the Regulation should be taken into consideration, particularly in terms of certificate renewal and compliance processes of existing agencies.
How are ship agencies classified?
Pursuant to the Regulation, ship agencies are classified into 3 classes: Class A, Class B and Class C. Class A agencies have the broadest scope of authority and may provide services to all ships and yachts, including within the Turkish Straits. Class B agencies may provide services to ships outside the Turkish Straits and to yachts, including within the Turkish Straits, while Class C agencies may provide agency services to yachts.
What obligations are ship agencies subject to?
Ship agencies are obliged to act in accordance with national and international maritime legislation, the instructions of the Administration and agency service tariffs; submit the requested information and documents; maintain their authorization certificate and personnel requirements; notify changes within the prescribed period; and make the necessary data entries through SAIS.
What sanctions may be imposed in case of breach of the Regulation?
If activities contrary to the Regulation are identified, sanctions such as administrative fines, warnings, suspension of the authorization certificate or personnel identification card, suspension of activities, or cancellation of the authorization certificate or personnel identification card may be imposed depending on the nature of the violation. More severe sanctions may also become applicable in cases such as submission of incorrect or misleading documents, loss of authorization conditions or obstruction of inspections.
